Legal Opinion

National Trust & Credit Co. v. Chidsey

Court of Appeals for the Third Circuit

Decided December 15, 1916No. 2149PublishedCited by 9 opinions

Petition to Revise and Review Order of the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. In the matter of the bankruptcy of the Hawley Down-Draft Furnace Company. The petition of the National Trust & Credit Company for delivery of a particular fund, opposed by A. D. Chidsey, trustee of the estate of the bankrupt, was denied by the District Courh and petitioner files petition to revise.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This is a petition to revise and review an order in bankruptcy made by the court below which reversed a referee’s order. Referring to the proceeds of certain accounts in the hands of the trustee in bankruptcy, the order of the referee was:

“There being no insolvency, no fraud, and no usury, and no intent to create. a preference, the transfer should be declared valid, and the trustee directed to turn over the ‘ear-marked’ fund which reached him, viz. $4,138.79.”

On review of such order the decree of the court below was:

“And now, July 25, 1916, the order of the referee…

2Cases cited5 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Ackerman v. . TrueNew York Court of Appeals · 1903
  3. Wiser v. LawlerSupreme Court of the United States · 1903
  4. Greey v. DockendorffSupreme Court of the United States · 1913
  5. Phillips's EstateSupreme Court of Pennsylvania · 1903

3Cited by9 opinions

  1. National Discount Co. v. EvansCourt of Appeals for the Sixth Circuit · 1921
  2. Eisenlohr v. EhrichCourt of Appeals for the Third Circuit · 1924
  3. Estes v. E. B. Estes & SonsDistrict Court, D. Massachusetts · 1927
  4. In Re Pusey-Maynes-Breish Co.District Court, E.D. Pennsylvania · 1941
  5. Montgomery v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1918

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